STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION “ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Petitioner, CaseNo. 2000-07506 vs , , (1-33a5 MICHAEL REYNOLDS, Respondent. / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT ‘OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint against Respondent, MICHAEL REYNOLDS, (“Respondent”), and says: 1. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. The Department of Business and Professional Regulation has jurisdiction over the unlicensed practice of contracting pursuant to Section 455.228(1), Florida Statutes. 3. At no time material hereto, was the Respondent duly registered or certified to engage in the practice of contracting pursuant to Part I, Chapter 489, Florida Statutes. . 4, Respondent's last known address is 21344 Race Horse Lane, Brooksville, Florida 34609. 5. On or about June 2, 1999, Respondent entered into a contract with Joseph and Marina Hughes (hereinafter "the Hughes"), whereby Respondent was to remodel the Hughes' residence located at 8706 Elmwood Lane, Tampa, Florida. 6. The total contract price was forty-eight thousand nine hundred thirty-three dollars ($48,933.00). 7. The Hughes paid Respondent forty-two thousand dollars ($42,000.00). 8. On or about January 4) 2000, John J. Kelly, CG C036127, obtained permit number NGBO05787 from the Hillsborough County Building Department for the project. 9. At no time material hereto was Respondent an employee of John J. Kelly and/or Kelly Kreations, Inc. | 10. Onor about January 10, 2000, Respondent commenced work on the project. li. During or around June 2000, the Hughes terminated Respondent due to his poor construction practices and his attempts to increase the original contract price. 12. \ The Hughes have received a verbal estimate of twenty-nine thousand dollars ($29,000.00) from Paint It All Enterprises, Inc. to complete the project. That amount is twenty-two thousand sixty-seven dollars ($22,067.00) over the original contract price. . 13. | Section 489.105(3), Florida Statutes (1999), provides inter alia that a “contractor” is a person who, for compensation, undertakes to, submits a bid to, or does himself or by others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure, including related improvements to real estate, for others or for resale to others; and whose job scope is substantially similar to the job scope described in one of the subsections of Section 489.105(3). fer go goal ta 14, Section 489.105(3)(c), Florida Statutes (1999), defines a “residential contractor” as a person whose services are limited to construction, remodeling, repair, or improvement or residences. 15. The contracting for and/or the performance of the work described in Paragraph 5 constitutes engaging in the practice of contracting pursuant to Section 489. 105(3)(6), Florida Statutes (1999). 16. Based on the foregoing, Respondent has violated Section 489.127(1)(f), Florida Statutes (1999), which provides that no person shall engage in the business or act in the capacity of a contractor without being duly registered or certified or advertise himself or a business organization as available to engage in the business or act in the capacity of a contractor without being duly registered or certified. . | WHEREFORE, Petitioner respectfully requests the entry of an Order imposing one or more of the following penalties: an administrative fine not to exceed $5,000.00 per incident; assessment of costs related to the investigation and prosecution of the case excluding costs associated with a an attomey's time; refusal to certify, or to certify with restrictions, an application for licensure; restriction of practice; issuance of a reprimand, corrective action and/or any other relief the Department of Business and Professional Regulation is authorized to impose pursuant to Chapter _ 455 and 489, Florida Statutes, and the rules promulgated thereunder. . signed this Ge day of due , 2001. y: Robert A. Crabill crx’ Lonard Lead Construction Attorney DATE (e-|I- 2001 __ 3 COUNSEL FOR DEPARTMENT: Robert A. Crabill - Lead Construction Attorney " Department of Business and Professional Regulation Office of the General Counsel 1940 North Monroe Street, Suite 60 Tallahassee, FL 32399-2202 ‘ racine WP yD -O| Case #2000-07506

Docket for Case No: 01-003325